OAKLAND, Calif. — Alameda County has ordered U.S. Immigration and Customs Enforcement (ICE) to stop using Santa Rita Jail and other county-owned property for unauthorized civil immigration enforcement, citing alleged detentions and confrontations involving federal agents at the Dublin facility.
The action was publicized by District 5 Supervisor Nikki Fortunato Bas in a Nov. 9 news release addressing ICE activity on Alameda County property.
In a Nov. 9 cease-and-desist letter addressed to Julio S. Hernandez, acting director of ICE’s San Francisco Field Office, Interim Alameda County Counsel Andrea L. Weddle demanded that federal agents stop using county property for immigration enforcement activities.
The letter cites two incidents at Santa Rita Jail and previous instructions from Sheriff’s Office command staff directing ICE agents to leave the property.
The county’s demand relies on Resolution R-2026-47, adopted by the Board of Supervisors on Jan. 27, 2026, which prohibits county-owned or controlled property from being used as staging areas, processing locations or operational bases for civil immigration enforcement.
According to the Nov. 9 letter from Alameda County Counsel, an ICE agent allegedly chased an individual from the Santa Rita Jail parking lot into the lobby Nov. 1 and forcibly detained him.
On Nov. 8, two ICE agents allegedly engaged in a physical confrontation with members of the public inside the jail lobby.
The letter states that Sheriff’s Office command staff had previously directed ICE agents to leave the premises and stop conducting civil immigration enforcement activities around the jail.
County Counsel alleges that ICE agents continued using the property despite those instructions.
The resolution also directs the county administrator to establish signs and procedures for reporting violations and authorizes physical barriers where appropriate.
It addresses existing lease agreements, lawful judicial warrants and criminal law enforcement while clarifying that the policy does not override state or federal law.
In the cease-and-desist letter, Weddle cited California Government Code sections 26605, which addresses the sheriff’s responsibility for county jails, and 23004(d), which recognizes county authority over its property.
The letter makes four demands: that ICE stop unauthorized use of county property, cease enforcement activities that compromise public safety, notify its agents and supervisors of the county’s restrictions, and preserve evidence related to the incidents.
The requested evidence includes reports, communications, photographs, video recordings and body camera footage.
The dispute raises questions about the relationship between federal immigration enforcement authority and local governments’ control over their property.
Under 8 U.S.C. Section 1357, federal immigration officers have statutory authority to investigate and enforce federal immigration laws.
However, that authority does not automatically resolve whether federal agents can use county-owned facilities as staging areas or operational bases.
The Supremacy Clause of the U.S. Constitution establishes that federal law takes precedence over conflicting state law.
Alameda County’s position is that its resolution regulates the use of county-owned property rather than prohibiting federal immigration enforcement as a whole.
Whether the county can enforce these restrictions against federal agents could become a legal issue if ICE challenges the policy.
The cease-and-desist letter describes an alleged detention and confrontation inside the jail lobby. However, the letter and resolution do not establish whether the lobby is classified as a public-access area or a restricted area.
The documents also do not establish whether ICE has regularly used the jail property for staging operations or other enforcement activities beyond the two incidents described.
Alameda County is not alone in attempting to restrict ICE’s use of local government property.
On Sept. 29, the Monterey County Board of Supervisors adopted a similar policy.
According to Monterey County Now, Monterey County Counsel sent a cease-and-desist letter Nov. 5 alleging that federal agents had used county parking lots and driveways for immigration enforcement operations.
The alleged activity involved properties including the county jail, Natividad Medical Center, Juvenile Hall and the Salinas Regional Soccer Complex.
County officials raised concerns about blocked entrances, parking disruptions and interference with access to public facilities.
Both counties’ actions reflect efforts by local governments to establish limits on the use of public resources for federal civil immigration enforcement.
An ICE spokesperson told KALW in an emailed statement that the agents were conducting lawful enforcement activities.
Alameda County indicated that it may pursue legal action if ICE does not comply with its demands.
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